When someone passes away, someone has to be responsible for carrying out the terms of their will. Estate executors are expected to be neutral, and act in the best interest of all the recipients of the will. However, they are usually acting unsupervised, and can sometimes be biased when carrying out their duties.
So can you remove an estate executor from their role? Or is there nothing you can do in such a situation?
The good news is yes – you can!
Failing To Carry Out Duties
An executor is given certain duties by the court that the executor has to carry out. If they fail to do so, this can be grounds for removal. Estate executors are supposed to collect and safeguard the assets, make sure debts are paid before distributing the assets to the beneficiaries. If you suspect that the executor on your case isn’t carrying out their roles properly , you have a good reason to ask for them to be removed and have someone else assigned in their place.
Misconduct
If you have reason to believe that the executor on your case is misapplying or embezzling assets, or even that they are going to do so, they can be removed from their role. However, this kind of activity must be highly egregious and not a simple disagreement on how they are carrying out their duties.
Incapacity
If you believe that the executor in question does not have the capacity to carry out their duties, you could have them removed. This could include mental or physical reasons, and depending on where you are, legal issues like incarceration as well.
How to Remove an Executor
If you think your executor is not carrying out their duty properly, you can file a request for the estate accounting process with the court. The executor will then have to provide detailed information on the accounts of all the work they have done. This could include what the total assets were, what debts have been paid off, what assets have been distributed and which ones they are still holding on to.
If this information suggests that duties have been breached, you can file a motion on their removal. Depending on the reason you want them removed, the executor may receive a notice period. For example, in cases of embezzlement, there is no notice, but in other cases there may be a written notice.
If you’re looking for a probate attorney nyc who can help you navigate through tricky topics like estate executor removal, we can help! Visit our website to learn more about estate planning Brooklyn
Ledwidge & Associates
